Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, August 14, 1995 TAG: 9508140112
SECTION: VIRGINIA PAGE: A1 EDITION: METRO
SOURCE: MIKE HUDSON STAFF WRITER
DATELINE: LENGTH: Long
The Virginia Democrat says he has tried to be quiet because he doesn't want negotiations over the bill to slide into an us-vs.-them fight.
"So far, we have been able to keep the lid on," Robb said. "We've been able to keep it from generating simply into grenade-throwing."
The legislation aims to limit government's power to make rules on pollution and health and safety dangers.
Robb says the process of writing and rewriting the bill is complicated not just by the technical language, but also by pressure from lobbyists on either side.
Some "would rather have an issue than a bill," Robb said. "The natural inclination is: If you don't get your way, you stir up the home folks, you try to generate as much hate and discontent as you can."
Robb says he would rather not have public scrutiny every step of the process.
Environmental, labor and consumer groups don't see things that way.
Marc Wetherhorn says Robb is using "the old sausage argument" to justify keeping "the lid on" the bill-writing process. That is, Robb is heeding a crusty political adage: Two things people shouldn't see being made are sausage and laws.
Wetherhorn believes the legislation cries out for public attention.
He is director of Virginia Citizen Action, a consumer, environmental and health advocacy group. He contends the proposals now being floated by both Republicans and Democrats would harm people and the environment.
"People shouldn't be left in a position of knowing how bad they're being hurt until it happens," Wetherhorn said. "That's not how we believe representative government is supposed to work. And I would think Senator Robb would want an informed electorate rather than people being put in the dark like mushrooms."
Robb says he has tried to brief groups on all sides of the issue. Wetherhorn says getting briefed is not the same as having a real voice in what's happening.
In the past couple of weeks, Virginia Citizen Action and other activist groups have begun to put heat on Robb for his efforts on "regulatory reform."
Here's the background: Senate Majority Leader Bob Dole, R-Kan., has introduced legislation that would require many government agencies to emphasize "cost-benefit analysis" when they write regulations. A rule, old or new, could be thrown out if its cost to business exceeded the estimated dollar value of the benefits it produced - such as cleaner air and water or lives saved.
Businesses would also have greater power to take agencies to court and challenge regulations. Critics say industry lobbyists have exercised unheard-of influence over the bill. Dole says he's simply trying to come up with a common-sense plan that will benefit all Americans.
So far, Senate Democrats have been able to prevent Dole from calling a vote; but now Robb and a few other Democrats have broken away and are seeking a compromise.
Like Dole, Robb believes cost-benefit analysis should be used in rule-making. But Robb says those analyses shouldn't be the only factor in making a decision.
Also, instead of putting a "least cost" requirement on rule-making, he wants to require that regulations aim for the "greatest net benefit." That way, he said, "if you can save a significant number of lives for a few dollars more," regulators could choose the more expensive alternative.
Robb is being pulled in two directions.
On one side is a list of industry groups that's a who's who of American business: the Chemical Manufacturers Association, the American Plastics Council, the American Petroleum Institute and others.
On the other is an array of labor, consumer, health and consumer groups, including the AFL-CIO, the American Lung Association, the Chesapeake Bay Foundation and Ralph Nader's Public Citizen.
Industry lobbyists argue that the regulatory system is hurting business and consumers by spewing out senseless rules.
So far, the Alliance for Reasonable Reform, the industry umbrella group that is leading the fight to limit government rules, has rejected the proposals by Robb and other Democrats.
Robb hand-delivered a long set of proposed changes to Dole Aug. 4. The industry alliance responded by saying the Democratic proposal "kills prospects for real regulatory reform."
The alliance says the Democrats' proposals create loopholes that would allow agencies to skirt around the cost-benefit analysis requirement.
Spokesman Joe Davis says, however, the alliance wants to make clear that Robb has made constructive suggestions. "We want to say how grateful we are to Senator Robb for picking up the football and running with it," Davis said.
People on the other side of the debate are not thanking Robb. They wish he'd stop seeking common ground with the Republicans.
"Most people would rather have clean air and clean water than a bill," Wetherhorn said. "I think the vast majority of Virginians would rather have no bill than a bill that would roll back these protections."
Wetherhorn says most people who oppose Dole's and Robb's efforts realize that regulatory reform is needed - but they believe you can get rid of unnecessary or overzealous rules without giving businesses an opening "to tie up the regulatory agencies in knots."
Robb says everyone wants clean air, clean water, safe meat and safe pills; but if you don't take cost into account, taxpayers and consumers will pay a stiff price.
Robb and Dole say they're confident that the Senate can pass a bill this year.
In the meantime, Robb is trying to move on in his own low-profile way.
He says he has twice talked a Senate colleague out of holding a news conference on the regulatory bill.
Pressed about the proposals he's made to Dole, Robb is uncomfortable about talking specifics.
"There are so many hot-button words and phrases that are part of the cultural history of this area, you have to be careful," he said.
He's working with a small number of lobbyists and activists who are ready to latch on to any word he says on the subject and read meaning into it.
But outside the Capital Beltway, Robb says, there's little interest or information:
"Ninety-nine percent of the people have no idea what's going on in regulatory reform, I think."
by CNB